LISA GILL
Virendra Singh Malhan – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Lisa Gill. J. - This order shall dispose of CWP Nos.4429, 13254, 8891 of 2020 and 14925 of 2019. Petitioners in all these writ petitions seek benefit of adhoc service rendered by them towards seniority with all consequential/monetary benefits. Petitioners also seek refixation of their seniority and revision of seniority list accordingly. Reliance is placed by the petitioners on decision of a coordinate Bench in Dr. Surindra Kumar Mishra and others v. State of Haryana and another, 2011(1) SCT 428, which was affirmed by the Division Bench of this Court in LPA No.886 of 2011 vide decision dated 13.10.2011. Civil Appeal Nos.4420-4424 of 2016 as well as review and curative petitions filed by the State challenging the said decisions have been dismissed by the Hon'ble Supreme Court.
2. Facts in each of the abovementioned writ petitions as are relevant for adjudication of the controversy are briefly narrated as hereunder:-
3. CWP No.4429 of 2020, Virendra Singh Malhan and others v. State of Haryana and others was initially filed by ten (10) petitioners while pleading that all the said petitioners were appointed as Lecturers in Government Colleges in the State of Haryana by way of sel
Direct Recruits Class II Engineering Officers Association vs. State of Maharashtra. (1990) 2 SCC 715
Dr. Surindra Kumar Mishra and others vs. State of Haryana and another
State of Haryana vs. Haryana Veterinary and AHTS Association and another. (2000) 4 SCT 664
The main legal point established in the judgment is that adhoc service cannot be counted for seniority if the appointment was not in accordance with the rules, and the impact of delay and laches in c....
Petitioners (including the present petitioner) would not be entitled to the benefit of the ad hoc period of service while reckoning of his seniority.
Seniority is to be counted from date of substantive appointment and substantive appointment means, an appointment, not being an ad hoc appointment, on a post in cadre of service, made after selection....
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